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Injunctions

WHAT IS INJUNCTION? LAW OF INJUNCTION:

An Injunction is a judicial order, an authoritative warning, command, directive, ruling or order by a Court of Law which restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution to an injured party. An injunction is a court order requiring a person to do or cease doing a specific action. Temporary restraining orders and preliminary injunctions are temporary injunctions.

An injunction is an order issued by a court that forces the defendant––a person, corporation or government entity––to do something or stop doing something, depending on what the plaintiff is requesting.

INJUNCTION: A court order by which an individual is required to perform, or is restrained  from performing, a particular act. A writ framed according to the circumstances of the individual case.

An injunction commands an act that the court regards as essential to justice, or it  prohibits an act that is deemed to be contrary to good conscience. It is an extraordinary remedy, reserved for special  circumstances in which the temporary preservation of the status quo is necessary.

Injunction is also called stay order.

Requirements:

In most cases/jurisdictions, an injunction will not be granted unless the party seeking the injunction can prove that they will cause irreparable injury if the court does not grant the injunction. Irreparable injury means that the harm inflicted on one party is so bad that no monetary or other type of payment is a good enough reward for putting up with the circumstances. In addition, the party must show there is no other remedy available. Furthermore, the party must demonstrate that if the court balances the parties' interests, the balance will tilt in favour of the party seeking the injunction.

To seek an injunction from the Court of Law a lis/case is filed and along-with the main case/plaint an application for temporary injunction is also filed. The main ingredients of application for Temporary Injunctions are;

1-   That the petitioner has strong prima-facie case and there is every likelihood to succeed in the same.

2-   That the balance of convenience or that of inconvenience leans in favour of the petitioner.

3-   That if the temporary injunction is is not granted the petitioner shall suffer an irreparable loss.

WHY AN INJUNCTION IS NEEDED?:

For example if you move into a new house, and your new neighbours play loud music in the middle of the night, every single day? What happens if a baseball stadium is built next to your house, and lights shine in on you every night preventing you from sleeping? These are situations where you may ask the offending party to stop doing something that is bothersome and a nuisance to you. However, there are times when simply asking does not resolve the problem. In such a case, you may seek to go to court to ask the judge to intervene in the situation and force the offensive party from continuing to behave in the problematic manner. In order to do so, you would file a case/suit for an injunction.

KINDS/TYPES OF INJUNCTION:

There are different kinds of injunctions:

i)-    a preliminary injunction which is also called ad-interim injunction,

ii)-  a temporary restraining order and

iii)- a permanent injunction which is also called perpetual injunction.

 A preliminary injunction is one which is given to a party prior to a trial. Since a full trial has not yet occurred, the courts are usually reluctant to issue this type of injunction unless it is absolutely necessary and great damage may occur without the preliminary injunction.

Another type of injunction is known as the temporary restraining order. This type of injunction is very limited in time and scope. The purpose of the temporary restraining order is to give the court time to review the matter in order to determine whether to grant a preliminary injunction.